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3.4.3. Conflict resolution
As already noted, in the United States until the mid-80s. Conciliation procedures were the main way to resolve conflicts.They were conducted with the full approval and control of the judge, but in some states judges have sought to separate this form of conflict resolution from the issue of applying precedent. Dispute resolution processes were often not regulated by state law, but prescribed by precedent. Since the mid 80s. increased interest in the application of precedents, primarily in the field of application of federal legislation. At the same time, the courts in cases of labor disputes (criminal, civil and civil procedural disputes) began to apply judicial precedents more widely. In a number of states, the institute of indictment began to work. Within the framework of conciliation procedures, the courts began to consider cases with all parties, including lawyers and witnesses. However, the most effective means of resolving conflicts has become a judicial precedent. Law firms representing the interests of various groups of the population to legislators were required to collect precedent decisions of the courts and, on their basis, prepare bills. Some of them argued that the precedent system had already been established. The solution to this problem was closely related to the problem of conflict resolution.
However, one cannot speak of the emergence of an independent direction of conflict resolution, which consisted in finding circumstances that entail the application of a precedent and developing legal solutions to them. This phenomenon has not been observed in the USA. The system of precedents was developed primarily for the purpose of underpinning legal practice. The best known are the model called legal counsel, the theory of legal law, the principle of violated right, and the decision on precision disputes. These concepts studied law primarily at the level of legal problems related to production. Accordingly, therefore, the main goal of these concepts is the redistribution of the professional duties of lawyers between different groups of the population. The theory of legal law considers law as a system of legal norms that regulate relations between people and groups, as well as the legal status of an individual, society, state, etc. This theory and its system of recommendations are the result of an in-depth study of jurisprudence.
This system of views developed under the influence of the needs of economics, science, technology and social psychology. It took into account the promising development trends associated with the f02ee7bd2b